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Watervliet City Zoning Code

ARTICLE VI

ZONING DISTRICTS AND MAPS

Section 6.01.- Districts.

In order to accomplish the purpose of this ordinance as stated in article II, the City of Watervliet, Berrien County, Michigan, is hereby divided into the following districts:

R-1 one-family residence district

R-2 one-/two-family residence district

R-3 general residence district

B-1 retail business district

B-2 retail and service business district

B-3 auto-oriented business district

I-1 limited industrial district

I-2 general industrial district

F-1 floodplain overlay district

Section 6.02. - Maps.

The boundaries of the zoning districts are established as shown on the map entitled, "Official Zoning Map of the City of Watervliet, Berrien County, Michigan"; this map is made a part hereof, and shall have the same force and effect as if the zoning map, together with all notations, references and other information shown thereon were fully set forth and described herein.

1.

The official zoning map shall be identified by the signature of the mayor, attested by the city clerk and shall bear the seal of the city under the following words: "This is to certify that this is the official zoning map referred to in section 6.02 of Zoning Ordinance Number _______ of the City of Watervliet, Berrien County, Michigan," together with the date of the adoption of this ordinance.

2.

If in accordance with the provisions of this ordinance, changes are made in district boundaries or other matter portrayed on the official zoning map, such changes shall be entered on the official zoning map by the city clerk within ten days after the amendment has been approved by the city commission with an entry of the official zoning map as follows: "On (date), by official action of the city commission the following (change) changes were made in the official zoning map: (brief description of nature of change), which entry shall be signed by the mayor and attested by the city clerk." No amendment to this ordinance which involves matter portrayed on the official zoning map shall become effective until after such change and entry have been made on said map.

3.

No changes of any nature shall be made in the official zoning map or matter shown thereon except in conformity with the procedures set forth in this ordinance. Any unauthorized change of whatever kind by any person or persons shall be considered a violation of this ordinance and punishable provided in section 21.04.

4.

Regardless of the existence of purported copies of the official zoning map which may from time to time be made or published, the official zoning map which shall be located in the city hall shall be the final authority as to the current zoning status of land and water areas, buildings, and other structures in the city.

5.

In the event the official zoning map becomes damaged, destroyed, lost, or difficult to interpret because of the nature or number of changes and additions, the city commission may by resolution adopt a new official zoning map. The new official zoning map may correct drafting or other errors or omissions in the prior official zoning map, but no such correction shall have the effect of amending the original official zoning map or any subsequent amendment thereof. The new official zoning map shall be identified by the signature of the mayor, attested by the city clerk and shall bear the seal of the city under the following words: "This is to certify that this official zoning map supersedes and replaces the official zoning map adopted (date of adoption of map being replaced) as part of zoning ordinance No. _______ of the City of Watervliet."

6.

Unless the prior official zoning map has been lost, or has been totally destroyed, the prior map or any significant parts thereof remaining, shall be preserved together with all available records pertaining to its adoption or amendment.

Section 6.03. - District boundaries.

When uncertainty exists with respect to the boundaries of the various districts, as shown on the zoning map, the following rules shall apply:

1.

Boundaries indicated as approximately following the centerlines of streets, highways, or alleys shall be construed as following such centerlines.

2.

Boundaries indicated as approximately following property, parcel, or lot lines shall be construed as following such lines.

3.

Boundaries indicated as approximately following municipal boundaries shall be construed as following such municipal boundaries.

4.

Boundaries indicated as following township section lines shall be construed as following such section lines.

5.

Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks.

6.

Boundaries indicated as following shorelines shall be construed to follow such shorelines, and in the event of change in the shoreline shall be construed as moving with the actual shoreline; boundaries indicated as approximately following the centerlines of streams, rivers, canals, lakes, or other bodies of water shall be construed to follow such centerlines.

7.

Boundaries indicated as parallel to or extensions of features indicated in rules 1 through 6 above shall be so construed. Distances not specifically indicated on the official zoning map shall be determined by the scale of the map.

8.

Where physical features existing on the ground are at variance with those shown on the official zoning map, or in other circumstances not covered by rules 1 through 7 above, the board of appeals shall interpret the district boundaries.

9.

Where a district boundary line divides a lot which was in single ownership at the time of passage of this ordinance, the entire lot shall be construed to be within the less restricted district, provided that the construction shall not apply if it increases the less restricted frontage of the lot by more than 25 feet.

Section 6.04. - Zoning of public ways.

All streets, alleys, public way, waterways and railroad rights-of-way, if not otherwise specifically designated shall be deemed to be in the same zone as the property immediately abutting on such streets, alleys, public ways and railroad right-of-way or waterways. Where the centerline of a street, alley, public way, waterway or railroad right-of-way serves a district boundary, the zoning of such areas, unless otherwise specifically designated, shall be deemed to be the same as that of the abutting property up to such centerline.